CPR3701 Memos-Exam Pack

1. a) The Constitution entrenches the right to a public trial. True b) The right to a public trial can be validly limited where necessary. True c) In terms of the CJA, open justice is generally limited. True d) Open justice can be limited when the complainant is under the age of 18 years. True 2. a) In principle, an accused is entitled to access exculpatory documents in the docket. True b) Where an accused is charged with a common law offence, the only requirement is that it be named in order for the charge sheet to be valid. False c) Sections 86 and 88 of the CPA make provision for the same action in respect of the correction of a defect in the charge sheet. False d) Provided that the accused is not prejudiced, section 86 can be used to replace a charge with another in the same matter. False 3. a) Circuit courts deviate jurisdictionally from the fixed division or seat of court. False b) A child justice court is any court established in terms of the Children’s Act 38 of 2005. False c) A child justice court can simultaneously serve as a children’s court where a child accused is affected by social or welfare issues. False d) During arraignment of an accused, assessors take an oath to deliver a true judgment based on the merits of the case. False 4. a) Where the plea of an accused is ambiguous, the court must enter a plea of not guilty and question the accused in terms of section 115 of the CPA. Correct b) Truth and public benefit constitute a valid plea in terms of section 106 of the CPA. C